Florida Bar Journal articles from December 2004

Florida Bar Journal archives from December 2004

Walking the advertising tightrope: a delicate balance.(President's Page)
December 1, 2004... Advertising. Toss that word into a gathering of lawyers and you'll probably generate some verbal fireworks--not unlike mentioning religion or politics in nonlegal, social gatherings. The opinions will range from those who favor a complete...

Will Florida subscribe to the component seller doctrine? "The Buck Stops Here" section 5 of the Restatement (Third) of Torts: products liability.
December 1, 2004... The component seller doctrine, embraced by [section]5 of the Restatement (Third) of Torts: Products Liability (hereinafter "[section]5" or "Third Restatement"), contemplates that the seller of a nondefective raw or component material, (2) which...

And congress said, "let there be religious land use": a RLUIPA primer.(Religious Land Use and Institutionalized Persons Act of 2000)
December 1, 2004... A Jewish congregation seeks to hold weekly religious services in a house located in a part of the city zoned for residential use only; must the city allow it to do so? A Christian congregation wishes to set up a church in storefront premises in...

Minimizing a personal representative's personal liability to pay taxes.(part 2)
December 1, 2004... Part I of this article, published in the November Journal, described the various federal and state tax obligations of a decedent and a decedent's estate and outlined how federal and state law can hold the personal representative (PR) personally...

Dueling doctors: an argument for specialized medical testimony.(Florida)
December 1, 2004... Florida's evidentiary rules grant broad discretion to a trial judge when certifying a medical expert in a given field. Variation in admissibility is seen between criminal and civil courts, and even from personal injury to medical malpractice...

Gift-splitting: the intricacies of [section] 2513 of the Code.
December 1, 2004... Many practitioners assume that they have a complete understanding of the gift-splitting provisions found in [section]2513 of the Internal Revenue Code of 1986, as amended, and the gift tax regulations promulgated thereunder. In fact, the laws...

Protecting military families: the new Servicemembers Civil Relief Act.
December 1, 2004... On December 19, 2003, President Bush signed Pub. L. No. [section] 108-189, making major amendments to the former Soldier's and Sailor's Civil Relief Act (SSCRA, 50 U.S.C. App. [section] 501-594(2000). The new law is called the Servicemembers...

The Medicaid Institutionalized Care Program, the simple estate plan, and the elective share: why the qualified special needs trust was born.(Florida)
December 1, 2004... The Florida Legislature enacted sweeping reforms to the elective share statute in 1999. (1) The new law provides a surviving spouse with the right to claim a share of the "elective estate," (2) defined as containing both probate and nonprobate...